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remainder of such provision or the remaining provisions of <br /> this Agreement . Any action hereon or in connection herewith <br /> shall be brought in Leon County , Florida unless prohibited <br /> by law . <br /> 38 . No delay or failure to exercise any right , power or remedy <br /> accruing to either party upon breach or default by either <br /> party under this Agreement , shall impair any such right , <br /> power or remedy of either party ; nor shall such delay or <br /> failure be construed as a waiver of any such breach or <br /> default , or any similar breach or default thereafter . <br /> 39 . This Agreement is not intended nor shall it be construed as <br /> granting any rights , privileges or interest in any third <br /> party without mutual written agreement of the parties <br /> hereto . <br /> 40 . This Agreement is an exclusive contract and may not be <br /> assigned in whole or in part without the written approval of <br /> the Department . <br /> 41 . This Agreement represents the entire agreement of the <br /> parties . Any alterations , variations , changes , <br /> modifications or waivers of provisions of this Agreement <br /> shall only be valid when they have been reduced to writing , <br /> duly executed by each of the parties hereto , and attached to <br /> the original of this Agreement . <br /> THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK <br /> Page 10 of 11 <br />